Akash Bindhani vs State Of Odisha ... Opposite Party
2026 Latest Caselaw 3732 Ori

Orissa High Court

Akash Bindhani vs State Of Odisha ... Opposite Party on 22 April, 2026

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                     BLAPL No.1606 of 2026
        Akash Bindhani                     ...        Petitioner
                                           Mr. B. Das, Advocate
                              -versus-
        State of Odisha                    ...    Opposite Party
                                     Mr. P. Satpathy, Addl. PP
                              CORAM:
                       JUSTICE G. SATAPATHY

                             ORDER(ORAL)

Order No.                     22.04.2026
   01.       1.      This   matter   is    taken   up   through   Hybrid

Arrangement (Virtual/Physical Mode).

2. This is the bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Nilagiri PS Case No. 356 of 2024 corresponding to ST Case No. 19 of 2025 pending in the Court of learned Adhoc Additional Sessions Judge(FTSC), Balasore for commission of offences punishable U/Ss. 332(b)/351(3)/64(1) of BNS, on the main allegation of committing rape upon the victim by trespassing into her house in the dead of night.

3. Heard, Mr. Biswabhusan Das, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record.

4. Admittedly, the Petitioner is in custody since 11.11.2024, but the trial is yet to be concluded, however, the victim has already been examined and, therefore, there is hardly any chance of tampering of evidence of material witness like the victim. The bail application of the Petitioner was earlier rejected by this Court on

18.08.2025, but there is no real progress in the trial after such refusal of bail to the Petitioner. The Petitioner has in fact got a right for speedy trial as guaranteed under Article 21 of the Constitution of India. When the accused is not a flight risk and he is not a threat to the witnesses, bail can be granted to the accused, even there exists prima facie case, provided the trial is not progressing properly or progressing at a snail's pace inasmuch as every accused has a fundamental right to be tried speedily. In the aforesaid facts and circumstance and taking into account the pre trial detention of the Petitioner in custody and trial being not concluded even after 1 and ½ years of the custody of the petitioner, this Court without expressing any view on merit admits the petitioner to bail.

5. Hence, the bail application of the petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it.

6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the

Digitally Signed same to the concerned Jail through e-mail for reference.

Location: HIGH COURT OF ORISSA Date: 23-Apr-2026 11:54:53 (G. Satapathy) Judge Priyajit